Good afternoon,

Please see the attached response regarding your opra request. 

Thank you and have a great day!

Donnelly Amico

Borough of Lavallette

Mr. Duff,

Our Borough Attorney, William Burns, will be answering this email as well as any other emails you have sent regarding the extension date of December 15, 2023.

Thank you

Donnelly Amico
Borough of Lavallette

show quoted sections

Good morning,

Please see attached letter in response to your opra request extension
objection.

Have a great day!

Donnelly Amico

Borough of Lavallette

VIA EMAIL ONLY TO:
opra+request-52362-4c11568f@[email address]

Sirs:
This correspondence serves as clarification of the Records Custodian’s response to several OPRA requests. Specifically, in response to the following OPRA requests:
1. OPRA request submitted on August 26, 2023 in which “all emails highlighted in yellow in the attached excel spreadsheet” were requested. It is important to note that the August 26, 2023 request identified 217 individual emails.

2. OPRA request submitted on August 31, 2023 in which “all resolutions concerning filming council meetings from January 1, 2010 through September 1, 2023.” It is important to note that this request is for over thirteen years of records.

3. OPRA request submitted on September 2, 2023, in which the following records were requested:
a. “a copy of the code of ethics and statement of philosophy and values that is most current as of September 1, 2023”;
b. “a copy of all lesson plans, records of attendance at all in service training sessions for the years 2021, 2023 and 2023”;
c. “a copy of all annual evaluations of training programs for use of force law, arrest, search and seizure law, criminal law and Lavallette Borough ordinance laws from 2020, 2021, 2022, 2023”;
d. “a copy of all certificates of successful completion for all training for all officers in the Borough of Lavallette for the police department that are active and current as of September 1, 2023”;
e. “a copy of the yearly report that is mandated by s.o.p. 1-22, training, section A, is for the years 2020, 2021, 2022 and 2023”.

4. OPRA request submitted on September 3, 2023 in which the following records were requested:
a. “a copy of all emails to the Mayor, B.A., and council concerning the subjects ‘filming, news, reporters, you tube and 1st amendment’ from July 24, 2023 through September 6, 2023”;
b. “a copy of the meeting minutes for the EPA committee and the ordinance committee and all notes taken by ‘Adele Ronchetti’ from January 1, 2020 through September 6, 2023”;
c. “a copy of all use of force reports from Lavallette police department from January 2017 through September 6, 2023”.

5. OPRA request submitted on September 3, 2023, in which the following records were requested:
a. “a copy of all deleted comments, page user’s role page, profanity filter page and banned profile page for all social media accounts owned or controlled by Lavallette to include the police department from July 24, 2023 through September 6, 2023”;
b. “a copy of all emails to or from Barbara SUSINNO to the council, the Mayor and/or the EPA committee from January 1, 2020 through September 6, 2023”;
c. “a copy of all payroll records or checks issued to Barbara Susinno from January 1, 2020 through September 6, 2023”;
d. “a copy of all audio footage for all phone calls to the Lavallette police department’s non-emergency line or to the council from July 24, 2023 through September 6, 2023 concerning the subjects ‘BONGHOLEO, Milkey, Wronko, 1st Amendment, recording, filming, council meeting and common law’”.

6. OPRA request submitted on September 2, 2023 in which the following records were requested:
a. “a copy of all lesson plans developed and implemented in the Borough of Lavallette for the police department for 2021, 2022 and 2023”;
b. “a copy of the use of force written and practical tests administered to Sgt. LaCicero for the years 2021, 2022 and 2023”;
c. “a copy of all ethics training for 2021-2023”;
d. “a copy of all periodic training for arrest, search and seizure, criminal law and right to know law from 2021-2023”;
e. “a copy of all signed forms for officer responsibilities for understanding the S.O.P.’s, Lavallette police department manual and rules and regulations for 2021-2023”;
f. “a copy of the profile report and arrest report for Steven Wronko from July 24, 2023”;
g. “a copy of all correspondence or recorded calls to the Ocean County Prosecutors Office special offenders unit and or [email address] concerning Steven Wronko from July 24, 2023 through September 1, 2023”.

7. OPRA request submitted on September 2, 2023 in which the following records were requested:
a. “a copy of the photocopy of the inventory bag as required by sop, 7-2, Section V Security Subsection 1. from the arrest of Steven Wronko on July 24, 2023”;
b. “a copy of the record of confinement as required under sop 7-2, section vi, subsection B from the arrest of Steven Wronko on July 24, 2023”;
c. “a copy of the detainee log for July 24, 2023”.

8. OPRA request submitted on September 4, 2023 in which the following records were requested:
a. “all reports from the arrest of Jennifer Coombs on 9/22/22. Please include the CAD report, as well as all reports ran that day and or previous days within the week prior on Jennifer Coombs by any officer and or employee of Lavallette through the confidential criminal database that showed that Ms. Coombs had a warrant”;
b. “all body cam footage from any officer who was involved in the arrest on Ms. Coombs from 9/22/22”;
c. “a log of all persons and time of search run through the police department’s confidential criminal and motor vehicle databases from 9/18/22 through 9/22/22”.

9. OPRA request submitted on September 3, 2023 in which the following records were requested:
a. “a copy of all deleted comments, page user’s role page, profanity filter page and banned profile page for all social media accounts owned or controlled by Lavallette to include the police department from July 24, 2023 through September 6, 2023”;
b. “a copy of all emails to or from Barbara SUSINNO to the council, the Mayor and/or the EPA committee from January 1, 2020 through September 6, 2023”;
c. “a copy of all payroll records or checks issued to Barabara Susinno from January 1, 2020 through September 6, 2023”;
d. “a copy of all audio footage for all phone calls to the Lavallette police department’s non-emergency line or to the council from July 24, 2023 through September 6, 2023 concerning the subjects ‘BONGHOLELEO/Bongholeo, Mikey, Wronko, 1st Amendment, recording, filming, council meeting and common law’”.

10. OPRA request submitted on September 5, 2023 requesting copies of “all Tort claim notices filed and all settlement agreements from 2005-2019”. It is important to note that this request is for fourteen (14) years of records including seven (7) years of records prior to Superstorm Sandy.

11. OPRA request submitted on September 10, 2023, requesting “any and all email logs sent and received of Councilman David Finter including the sender name, recipient name(s), and time and date”.

12. OPRA request submitted on September 9, 2023, requesting “a copy of all private messages to Chief Christian LaCicero’s Facebook profile concerning the subjects ‘filming, arrest, Wronko, meeting, Adam, Chris and Bongholeo’ from July 24, 2023 through September 11, 2023”.

13. OPRA request submitted on September 9, 2023, requesting a copy of “the blocked profile page on chief Lacicero’s Facebook page that was used while on duty on September 8, 2023, to post on the web page exit 80 scanner news that is most current as of September 11, 2023”.

14. OPRA request submitted on September 7, 2023 requesting, “log of all OPRA requests from June 2023 through today.”

Below please find the Borough’s sur-reply to your replies:
1. OPRA request submitted on August 26, 2023, in which “all emails highlighted in yellow in the attached excel spreadsheet” were requested. It is important to note that the August 26, 2023 request identified 217 individual emails.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request, the number of potentially responsive electronic correspondences, and the need to review and potentially redact 217 individual emails. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addressees will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.

b. As you may know, OPRA allows custodians to charge special service charges, when fulfilling a request requires an extraordinary amount of time and effort. OPRA allows public agencies to impose special service charges whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied under this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or when fulfilling a request requires an extraordinary expenditure of time and effort. See N.J.S.A. 47:1A-5.c. Special service charges must be based upon the actual direct cost of providing the copy or copies. OPRA mandates that the requestor shall have the opportunity to review and object to the charge before it is incurred. See N.J.S.A. 47:1A-5.c. Once the 217 individual emails are compiled and the number of pages of documents, including attachments, is confirmed the Borough may impose a special service charge. If the Borough believes that a special service charge is warranted, the Borough will identify the lowest level employee capable of fulfilling the request, their direct hourly rate (minus fringe benefits), the number of hours anticipated to complete the request, and the total estimated special service charge. You will be allowed to accept or reject the estimated charge before the Borough processes your request.

2. OPRA request submitted on August 31, 2023, in which “all resolutions concerning filming council meetings from January 1, 2010, through September 1, 2023.” It is important to note that this request is for over thirteen years of records.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review over thirteen (13) years of records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addressees will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.

3. OPRA request submitted on September 2, 2023, in which the following records were requested:
a. “a copy of the code of ethics and statement of philosophy and values that is most current as of September 1, 2023”;
b. “a copy of all lesson plans, records of attendance at all in service training sessions for the years 2021, 2023 and 2023”;
c. “a copy of all annual evaluations of training programs for use of force law, arrest, search and seizure law, criminal law and Lavallette Borough ordinance laws from 2020, 2021, 2022, 2023”;
d. “a copy of all certificates of successful completion for all training for all officers in the Borough of Lavallette for the police department that are active and current as of September 1, 2023”;
e. a copy of the yearly report that is mandated by s.o.p. 1-22, training, section A, is for the years 2020, 2021, 2022 and 2023”.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
4. OPRA request submitted on September 3, 2023 in which the following records were requested:
a. “a copy of all emails to the Mayor, B.A., and council concerning the subjects ‘filming, news, reporters, you tube and 1st amendment’ from July 24, 2023 through September 6, 2023”;
b. “a copy of the meeting minutes for the EPA committee and the ordinance committee and all notes taken by ‘Adele Ronchetti’ from January 1, 2020 through September 6, 2023”;
c. “a copy of all use of force reports from Lavallette police department from January 2017 through September 6, 2023”.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
5. OPRA request submitted on September 3, 2023, in which the following records were requested:
a. “a copy of all deleted comments, page user’s role page, profanity filter page and banned profile page for all social media accounts owned or controlled by Lavallette to include the police department from July 24, 2023 through September 6, 2023”;
b. “a copy of all emails to or from Barbara SUSINNO to the council, the Mayor and/or the EPA committee from January 1, 2020 through September 6, 2023”;
c. “a copy of all payroll records or checks issued to Barbara Susinno from January 1, 2020 through September 6, 2023”; NO RESPONSIVE RECORDS WERE IDENTIFIED.
d. “a copy of all audio footage for all phone calls to the Lavallette police department’s non-emergency line or to the council from July 24, 2023 through September 6, 2023 concerning the subjects ‘BONGHOLEO, Milkey, Wronko, 1st Amendment, recording, filming, council meeting and common law’”.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
6. OPRA request submitted on September 2, 2023, in which the following records were requested:
a. “a copy of all lesson plans developed and implemented in the Borough of Lavallette for the police department for 2021, 2022 and 2023”;
b. “a copy of the use of force written and practical tests administered to Sgt. LaCicero for the years 2021, 2022 and 2023”;
c. “a copy of all ethics training for 2021-2023”;
d. “a copy of all periodic training for arrest, search and seizure, criminal law and right to know law from 2021-2023”;
e. “a copy of all signed forms for officer responsibilities for understanding the S.O.P.’s, Lavallette police department manual and rules and regulations for 2021-2023”;
f. “a copy of the profile report and arrest report for Steven Wronko from July 24, 2023”;
g. “a copy of all correspondence or recorded calls to the Ocean County Prosecutors Office special offenders unit and or [email address] concerning Steven Wronko from July 24, 2023 through September 1, 2023”. NO RESPONSIVE RECORDS WERE IDENTIFIED
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.

7. OPRA request submitted on September 2, 2023 in which the following records were requested:
a. “a copy of the photocopy of the inventory bag as required by S.O.P. 7-2 Section V Security Subsection 1 from the arrest of Steven Wronko on July 24, 2023”; NO RESPONSIVE RECORDS WERE IDENTIFIED.
b. “a copy of the record of confinement as required under S.O.P. 7-2, section vi, subsection B from the arrest of Steven Wronko on July 24, 2023”;
c. “a copy of the detainee log for July 24, 2023”. NO RESPONSIVE RECORDS WERE IDENTIFIED.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
8. OPRA request submitted on September 4, 2023 in which the following records were requested:
a. “all reports from the arrest of Jennifer Coombs on 9/22/22. Please include the CAD report, as well as all reports ran that day and or previous days within the week prior on Jennifer Coombs by any officer and or employee of Lavallette through the confidential criminal database that showed that Ms. Coombs had a warrant”;
b. “all body cam footage from any officer who was involved in the arrest on Ms. Coombs from 9/22/22”;
c. “a log of all persons and time of search run through the police department’s confidential criminal and motor vehicle databases from 9/18/22 through 9/22/22” Request subsection c. is denied. The records are criminal investigatory records and are exempt from disclosure. Further, the referenced database is operated and controlled by the New Jersey State Police. Any request for records regarding the same should be forwarded to the New Jersey State Police via https://nj.gov/njsp/information/opra-req... and/or https://www.nj.gov/lps/opra/
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research, review, and potentially redact the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
9. OPRA request submitted on September 3, 2023 in which the following records were requested:
a. “a copy of all deleted comments, page user’s role page, profanity filter page and banned profile page for all social media accounts owned or controlled by Lavallette to include the police department from July 24, 2023 through September 6, 2023”;
b. “a copy of all emails to or from Barbara SUSINNO to the council, the Mayor and/or the EPA committee from January 1, 2020 through September 6, 2023”;
c. “a copy of all payroll records or checks issued to Barbara Susinno from January 1, 2020 through September 6, 2023”; NO RESPONSIVE RECORDS WERE IDENTIFIED.
d. “a copy of all audio footage for all phone calls to the Lavallette police department’s non-emergency line or to the council from July 24, 2023 through September 6, 2023 concerning the subjects ‘BONGHOLELEO/Bongholeo, Mikey, Wronko, 1st Amendment, recording, filming, council meeting and common law’”. NO RESPONSIVE RECORDS WERE IDENTIFIED.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.
10. OPRA request submitted on September 5, 2023 requesting copies of “all Tort claim notices filed and all settlement agreements from 2005-2019”. It is important to note that this request is for fourteen (14) years of records including seven (7) years of records prior to Superstorm Sandy.
a. As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.

11. OPRA request submitted on September 10, 2023 requesting “any and all email logs sent and received of Councilman David Finter including the sender name, recipient name(s), and time and date”.
a. . As indicated in the initial response to your request, our response to your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request and the need to research and review the records. As previously stated, the Borough of Lavallette will endeavor to provide the responsive records by December 15, 2023. Please be advised that if the records are ready before December 15, 2023, they will be provided when they become available. It is important to note that Lavallette is a small municipality with a limited number of employees. Specifically, only two employees are assigned to respond to OPRA requests. The Municipal Clerk handles OPRA requests for the Borough and the Records Clerk for the Lavallette Police Department assists the Municipal Clerk concerning OPRA requests requesting police department records. Simply, this request and the number of recent requests from the addresses will substantially disrupt the operations of the Borough of Lavallette. “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” N.J.S.A. 47:1A-5g. See Caggiano v. Borough of Stanhope, GRC Complaint No. 2006-220; Vessio v. NJ DCA, Division of Fire Safety, GRC Complaint No. 2007-188. Currently, the Borough is not denying your request, rather it is providing a reasonable solution to satisfy your request and provide the records. As previously stated, the Borough will provide the records by December 15, 2023.

12. OPRA request submitted on September 9, 2023 requesting “a copy of all private messages to Chief Christian LaCicero’s Facebook profile concerning the subjects ‘filing, arrest, Wronko, meeting, Adam, Chris and Bongholeo’ from July 24, 2023 through September 11, 2023”. THIS REQUEST IS DENIED AS IT DOES NOT REQUEST A GOVERNMENT RECORD. THE REQUEST ITSELF IDENTIFIES THE MESSAGES AS PRIVATE MESSAGES RELATING TO A PERSONS PRIVATE, NOT OFFICIAL OR GOVERNMENT FACEBOOK PAGE. IT IS IMPORTANT TO NOTE THAT THE FACEBOOK PROFILE IS FOR A PERSON NOT AN OFFICIAL, THE POLICE, TITLE OR RANK IS NOT CONTAINED ON THE PAGE. "Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. N.J.S.A. 47:1A-1.1.

13. OPRA request submitted on September 9, 2023 requesting a copy of “the blocked profile page on Chief LaCicero’s Facebook page that was used while on duty on September 8, 2023, to post on the web page exit 80 scanner news that is the most current as of September 11, 2023”. THIS REQUEST IS DENIED AS IT DOES NOT REQUEST A GOVERNMENT RECORD. THE REQUEST ITSELF IDENTIFIES THE MESSAGES AS PRIVATE MESSAGES RELATING TO A PERSONS PRIVATE, NOT OFFICIAL OR GOVERNMENT FACEBOOK PAGE. IT IS IMPORTANT TO NOTE THAT THE FACEBOOK PROFILE IS FOR A PERSON NOT AN OFFICIAL, THE POLICE, TITLE OR RANK IS NOT CONTAINED ON THE PAGE. "Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. N.J.S.A. 47:1A-1.1.

14. OPRA request submitted on September 7, 2023 requesting, “log of all OPRA requests from June 2023 through today. NO RESPONSIVE RECORDS WERE IDENTIFIED. FURTHER, THIS REQUEST SEEKS INFORMATION OR ASKS QUESTIONS AND DOES NOT IDENTIFY SPECIFIC GOVERNMENT RECORDS. AS SUCH, YOUR REQUEST IS AN INVALID OPRA REQUEST AND IS DENIED. WHEN A REQUEST IS “COMPLEX” BECAUSE IT FAILS TO SPECIFICALLY IDENTIFY THE DOCUMENTS SOUGHT, THEN THAT REQUEST IS NOT “ENCOMPASSED” BY OPRA. SEE NEW JERSEY BUILDERS ASSOCIATION V. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, 390 N.J.SUPER. 166, 180 (APP. DIV. 2007). A PROPER REQUEST UNDER OPRA MUST IDENTIFY WITH REASONABLE CLARITY THOSE DOCUMENTS THAT ARE DESIRED, AND A PARTY CANNOT SATISFY THIS REQUIREMENT BY SIMPLY REQUESTING ALL OF AN AGENCY'S DOCUMENTS. SEE BENT V. STAFFORD POLICE DEPARTMENT, 381 N.J.SUPER. 30, 37 (APP. DIV. 2005). CUSTODIANS ARE NOT REQUIRED TO CONDUCT RESEARCH OR CREATE NEW RECORDS IN RESPONSE TO AN OPRA REQUEST.
The above should provide clarity with respect to the Borough’s position and status of responses to your multiple records requests. In the event you have questions concerning your requests, as litigation has been threatened, please refer the same to the Borough Attorney. Be advised that the Borough Attorney cannot provide you with legal advice. Thank you for your attention.

Sincerely,

Donnelly Amico
Municipal Clerk/Custodian of Records

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OFFICER REPORT L22-2854-ATTACHED.

BWC VIDEO - SENT 10-3-2023 VIA EVIDENCE.COM

REPORTS AND OR LOGS REFERENCE CONFIDENTIAL CRIMINAL AND MOTOR VEHICLE DATABASES - NO RESPONSIVE RECORDS WERE IDENTIFIED.

OPRA COMPLETE FOR POLICE DEPARTMENT.

Thank you,

Kim Reece-Records
Lavallette Police Department
1306 Grand Central Avenue
Lavallette, NJ 08735
732-793-4800 ext. 503
[email address]

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Mr. Duff,

Please be advised that any medical information will not be released and will be redacted.

Thank you,

Kim Reece-Records
Lavallette Police Department
1306 Grand Central Avenue
Lavallette, NJ 08735
732-793-4800 ext. 503
[email address]

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